Do ADOS personnel get their job back when they return from a deployment if they get deployed while on ADOS orders?

CW2 Private RallyPoint Member — Thu, 21 Sep 2017 19:36:43 -0400

See photos for details. Thanks for the help!

Response by CPT Andrew Wright made Sep 21 at 2017 7:48 PM

CPT Andrew Wright — Thu, 21 Sep 2017 19:48:27 -0400

No. USERRA doesn't work for someone already on military orders. If you had left a state, federal or civilian position then the government could compel an employer to re-hire you. You will have to get out their and look for a job when you get back. If the unit you were on ADOS with are good sports they might send something your way. ADOS is not a permanent job-have you worked the AGR angle?

Response by Sgt Josh Hardy made Sep 21 at 2017 8:11 PM

Sgt Josh Hardy — Thu, 21 Sep 2017 20:11:33 -0400

To qualify under USERRA the servicemember must meet the following qualifications:
The employer had advance notice of the employee’s military obligation;
The employee has been away from this employer five years or less due to military obligations (excluding exemptions);
The employee returns to work in a timely manner as defined under USERRA; and,
The employee has not been separated from uniformed Services with a disqualifying discharge or under other than honorable conditions.

Under USERRA, the employer is legally required to reemploy the servicemembers back to their original positions, if they still exist, or "(a) in any other position which is equivalent in seniority, status, and pay, the duties of which the person is qualified to perform or would become qualified to perform with reasonable efforts by the employer;"

Exceptions are if the servicemember is no longer capable of performing that job (say if they became disabled and worked in construction previously), or if the job no longer exists due to attrition. It also excludes anyone who, during their service, was discharged with a less than honorable discharge.

So one of the Soldiers would get the position that they left from, and the other would either get their job back as well, or get a position similar in pay, duties, etc. It sounds like the employer did not fully understand their obligations under USERRA, or else there were other circumstances.

http://www.esgr.mil/USERRA/Frequently-Asked-Questions

Employer Support of the Guard and Reserve USERRA Frequently Asked Questions

ESGR's trained Ombudsmen answer thousands of questions every year. Below are some questions frequently asked by employers and Service members alike.